S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    140
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to restricting the use of
   wireless communication devices by students on school property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2801-c
 to read as follows:
   §  2801-C.    WIRELESS  COMMUNICATION  DEVICE  USE  RESTRICTED. 1. FOR
 PURPOSES OF THIS SECTION:
   (A) "WIRELESS COMMUNICATION DEVICE" OR  "DEVICE"  MEANS  ANY  PORTABLE
 WIRELESS  DEVICE THAT HAS THE CAPABILITY TO PROVIDE VOICE, MESSAGING, OR
 OTHER DATA COMMUNICATION BETWEEN TWO OR MORE PARTIES, INCLUDING BUT  NOT
 LIMITED  TO A (I) CELLULAR PHONE, (II) COMPUTER, (III) GAMING DEVICE, OR
 (IV) SMART WATCH. "DEVICE" DOES NOT INCLUDE ANY TECHNOLOGY  PROVIDED  BY
 THE SCHOOL DISTRICT FOR PURPOSES OF CLASS INSTRUCTION.
   (B)  "SCHOOL  DAY"  SHALL  MEAN EVERY INSTRUCTIONAL DAY AS REQUIRED BY
 SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS CHAPTER.
   (C) "ACCESS" MEANS THE VIEWING, HOLDING, WEARING, OR OTHERWISE USE  OF
 A  DEVICE  FOR THE PURPOSE OF COMMUNICATION, INTERNET ACCESS, GAMING, OR
 ANY OTHER FUNCTION COMMONLY ASSOCIATED WITH DEVICES.
   2. DURING THE SCHOOL DAY, STUDENTS ARE PROHIBITED FROM ACCESSING THEIR
 DEVICE ON SCHOOL PROPERTY, UNLESS AUTHORIZED FOR CLASSROOM USE.  DEVICES
 SHALL BE POWERED OFF AND STORED IN A MANNER PRESCRIBED  BY  THE  DEPART-
 MENT,  INCLUDING  BUT  NOT  LIMITED  TO STORAGE IN A STUDENT'S LOCKER OR
 SPECIFIED PHONE POUCHES.
   3. IF A STUDENT VIOLATES THIS SECTION, THE STUDENT WILL BE SUBJECT  TO
 PROGRESSIVE  CONSEQUENCES  AS PRESCRIBED BY SECTION TWENTY-EIGHT HUNDRED
 ONE OF THIS ARTICLE AND ANY APPLICABLE LOCAL STUDENT CODE OF CONDUCT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00752-01-5
              

 S. 140                              2
 
   4. STUDENTS ARE  PROHIBITED  FROM  ACCESSING  SOCIAL  MEDIA  PLATFORMS
 THROUGH  THE  USE  OF  INTERNET  ACCESS PROVIDED BY THE SCHOOL DISTRICT,
 EXCEPT WHEN EXPRESSLY DIRECTED TO FOR CLASS INSTRUCTION.
   5.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT A STUDENT FROM USING A
 DEVICE IF:
   (A) THE USE OF THE DEVICE IS  INCLUDED  IN  THE  STUDENT'S  INDIVIDUAL
 EDUCATION  PROGRAM,  OR  PLAN DEVELOPED UNDER SECTION 504 OF THE FEDERAL
 REHABILITATION ACT OF 1973, 29 U.S.C. 794; OR
   (B) A LICENSED PHYSICIAN DETERMINES THAT THE ACCESS OF A DEVICE BY THE
 STUDENT IS NECESSARY FOR THE HEALTH AND WELL-BEING OF THE STUDENT.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.